If you are an independent contractor who works construction, and if you are injured at a New York City construction site, what is your recourse? How dangerous is construction work in New York?

If you’re an independent contractor, or if you’re involved in any way with construction in New York, keep reading, because you need to know the risks, and you need to know what your rights are if you’re injured.

On any given weekday, millions of men and women across the United States are working at more than a quarter-of-a-million construction projects. These laborers routinely work around precarious scaffolding, live electricity, excavations, plumbing systems, and a number of other construction site hazards.

Particularly in New York, construction work has been getting more dangerous. Construction-related deaths in New York City jumped from 17 in 2011 to 25 in 2015.

Across the state, the number of construction-related deaths jumped from 33 in 2011 to 55 in 2015. Serious construction site injuries in the state jumped from 128 in 2011 to 435 injuries in 2015.

WHY IS CONSTRUCTION WORK SO DANGEROUS?

Since 2015, injuries and deaths continue to rise. Earlier this year, Charlene Obernauer, the executive director of the New York Committee for Occupational Safety & Health, told the New York Daily News, “We really need to see and make sure that we have adequate inspections and adequate enforcement, because without that we’re going to see higher numbers of fatalities.”

But even with adequate inspections and enforcement, accidents and injuries seem to be inevitable at construction sites.

Insufficient safety procedures, inadequate safety training, hazardous site conditions, and defective or worn-out equipment are several of the reasons that so many accidents and injuries happen at construction sites.

If you are an independent contractor, and you are injured on a construction site in New York City, here’s what happens. The general contractor responsible for managing the project typically begins an investigation into how the accident happened.

Two questions have to be answered after an independent contractor is injured on a construction site in New York City:

– Who controlled the independent contractor’s actions?
– Did negligence on the part of any involved party cause or contribute to the injury?

WHEN ARE WORKERS’ COMPENSATION BENEFITS AWARDED IN NEW YORK?

If an independent contractor is covered by workers’ compensation, in most cases, that will be an injured independent contractor’s only option for compensation. Under workers’ comp rules, a worker injured on the job does not have to prove that anyone caused the injury by acting negligently.

In most cases, to receive workers’ comp benefits, an injured worker must prove only that an injury occurred in the course and scope of his or her employment.

In some very limited situations, and even when an independent contractor who is injured at a construction site is covered by workers’ compensation, an injured construction worker may qualify to pursue a personal injury lawsuit apart from the worker’s compensation system and in addition to the benefits that workers’ compensation provides.

Why? Because employers aren’t always at fault for construction injuries. Third parties including other independent contractors, delivery drivers, and vendors also work at construction sites, and equipment manufacturers, engineers, and even the architects of the project may have a share of the liability when a construction site accident happens.

CAN AN INJURED INDEPENDENT CONTRACTOR FILE AN INJURY LAWSUIT?

When an independent contractor doing construction work in New York City is injured due to any third party’s negligence, the independent contractor may have grounds to file a personal injury lawsuit against that negligent third party or that party’s employer.

If you are injured on a New York City construction site, as soon as you have been examined by a healthcare provider, discuss your rights and options with a personal injury attorney.

While state law in New York requires every employer to carry workers’ compensation insurance, on large construction projects, general contractors also typically carry liability insurance, and that insurance usually covers the independent contractors working for the general contractor. General contractors also typically require independent contractors to carry their own policies.

At smaller construction projects, no insurance may be available. Independent contractors need to have their own insurance, and anyone hiring independent contractors – such as homeowners hiring for minor renovations – should hire only those independent contractors with proof of their own liability insurance.

WHAT ABOUT INSURANCE COVERAGE FOR INJURED CONTRACTORS?

If an independent contractor is injured because another contractor – or even a customer – was negligent, the contractor might be able to collect on a policy held by the negligent party. This is particularly important when an independent contractor does not have his or her own insurance.

Many homeowner policies also provide some limited coverage for injuries sustained by contractors working on the home.

Outside of workers’ compensation, if an independent contractor is injured because of his or her own negligence, the independent contractor’s ability to collect any compensation at all will be severely limited.

Injured independent contractors with no workers’ compensation coverage – or insufficient workers’ comp coverage – should consult an experienced Bronx personal injury attorney.

Construction-related claims and lawsuits should always be handled by a personal injury attorney who routinely represents injured construction workers.

These claims and lawsuits are almost always legally complicated for a number of reasons. Some cases, for example, will be complicated because of confusion over licensing and permitting.

CAN LICENSING LAWS IMPACT PERSONAL INJURY CLAIMS?

Depending on the location, size, and type of construction project, a license or permit may be required, and a noncompliant, unlicensed independent contractor who is injured on such a project may be unable to recover any compensation whatsoever.

Licensing and permitting regulations vary among jurisdictions, so if you’re injured, you’ll want an attorney to explain how the licensing rules may apply in your own situation.

When independent contractors sustain construction-related injuries, there are a variety of ways that an injured contractor can be compensated – or left without compensation.

The applicable insurance policies – or a lack of insurance coverage – will usually determine what happens next and whether or not compensation will be paid.

Thus, the best recommendation for an independent contractor who does construction work in New York City is this: Carry your own liability insurance, and seek legal advice from an experienced construction accident attorney if you are injured in any way whatsoever in any construction accident in or near New York City.

If you’re injured at work, what is your recourse? Will you receive workers’ compensation benefits? What does workers’ comp provide? If you sustain a work-related injury, is workers’ comp your only alternative?

Keep reading, and you’ll find out what working people in New York need to know about on-the-job injuries and how to obtain worker’s compensation benefits.

More than four thousand workers sustained fatal, on-the-job in injuries in the U.S. in 2015, and almost a thousand of those – 21.4 percent – were doing construction work.

Thousands more were seriously injured. Of course, you can be seriously injured doing any kind work. Office workers routinely suffer back injuries and trip-and-fall injuries.

Every line of work has its own hazards, so safety in the workplace needs to be everyone’s concern. A job-related injury can disorder your life, impair your health, damage your career, and devastate your finances. In this state, what do you need to know if you’re injured at your place of work?

WHO PAYS FOR WORKERS’ COMPENSATION?

Workers’ compensation provides benefits to workers who are injured on the job or become ill because of their work.

It’s paid for by employers and governed by the New York State Workers’ Compensation Board. When someone files a workers’ compensation claim, “fault” is not an issue – with the following exception.

If an employee is injured at work because he or she was intoxicated, or because the employee intended to injure himself, herself, or another person, that employee loses the right to worker’s compensation benefits.

However, in New York City, if you are wrongly denied worker’s compensation benefits, you can get help from an experienced Bronx workers’ compensation attorney.

A worker’s compensation claim will be approved if the employer and the insurer agree that an illness or injury is job-related. In most cases, that’s what happens, but when an employer or an insurer denies a claim, workers’ comp gets complicated, and you’ll need a workers’ comp attorney’s help.

WHAT IF YOUR CLAIM FOR WORKERS COMP BENEFITS IS DENIED?

When a workers’ compensation claim is denied, the first step is an appeal hearing before a Workers’ Compensation Law Judge. Both sides may present evidence and testimony, and in most cases, the judge’s determination is binding.

If you need to appeal the denial of a workers’ compensation claim, an attorney’s advice and help are imperative.

As an injured worker begins to recover, he or she may return to work on a light-duty or part-time basis.

In New York, if that worker cannot earn the wages he or she earned prior to being injured, the worker may qualify for partial workers’ compensation benefits to help bridge that wage gap.

WHO MAY – OR MAY NOT – BE COVERED BY WORKERS’ COMPENSATION?

State law requires almost all employers in New York to pay for workers’ compensation insurance coverage for their employees. Who’s covered and who isn’t covered?

The answer seems easy at first – most employees are covered, while most independent contractors and volunteers are not.

But who is and is not – legally speaking – an employee, a contractor, or a volunteer is a question that gets exceedingly complicated. Employers in New York are supposed to post a notice regarding workers’ compensation coverage in a spot that’s clearly visible to all employees. If you are not absolutely certain that you are covered by workers’ comp, ask your employer.

If you’re not happy with the answer, ask a Bronx workers’ compensation attorney to explain how the state’s workers’ compensation law applies to your particular employment situation.

Everyone’s situation is different, but generally speaking, most people who work as independent contractors, and most people who volunteer for non-profit, religious, or educational organizations, have no workers’ compensation entitlement or coverage.

After a workplace injury, if there’s a dispute regarding the employment status of the person claiming workers’ compensation benefits, a Workers’ Compensation Law Judge will decide if the individual should or should not be considered a legal employee for purposes of workers’ compensation coverage.

IF YOU’RE INJURED AT WORK, WHAT STEPS SHOULD YOU TAKE?

1. If you’re injured at work, seek first aid or needed medical treatment at once. If your employer participates in an Alternate Dispute Resolution (ADR) program or a Preferred Provider Organization (PPO), you’ll probably need to obtain treatment from a particular health care provider.

Employers must inform employees, in writing, about their participation in a PPO or an ADR program. If you need prescription medicines or diagnostic tests, you may also be required to use a specific pharmacy or clinic.

If you are required to use a designated pharmacy or clinic, again, your employer is supposed to inform you in writing.

2. Report your injury immediately to your employer. If you do not submit a written report within the first thirty days after you are injured, you may lose your right to workers’ comp benefits.

If your claim is related to an occupational disease, a written notification must be submitted within two years of the onset of disability, or within two years after the employee knew or should have known the disease was job-related, whichever is later.

3. You should probably have a Bronx personal injury attorney’s help with this third step, which is filling out a claim for workers’ comp benefits using Form C-3, “Employee Claim.”

The claim must be filed within two years of the date of the injury or the onset of disability. But don’t wait two years after an injury, and then try to file a claim at the last minute.

CAN A WORKERS’ COMP ATTORNEY HELP?

The best strategy, in fact, is to enlist the help of an experienced workers’ compensation attorney as soon as you’ve been checked out medically. A good workers’ comp lawyer can explain precisely what benefits may available in your particular situation.

Your lawyer will also help you with the claim application to assure that no mistakes or misunderstandings delay your approval for workers’ compensation – or your benefits.

If you’re recovering from a job-related injury, obtain some legal assistance. A workers’ comp lawyer can advise you regarding workers’ compensation and the law; protect your rights; review your claim; see to it that you obtain the proper medical diagnosis and treatment; and file an appeal if you’re rejected for workers’ comp benefits.

Your attorney can also explain your other legal options and the other benefits that may be available to you in the state of New York.

If you have any role in the New York construction industry, you should know about Section 240 of the New York Labor Law – the “Scaffold Law.” It was first implemented 132 years ago when wooden scaffolding was still used commonly in the construction of urban high-rises.

In 2017, however, there’s considerable evidence that a law originally intended to protect New York’s construction workers now may have quite the opposite effect and may be putting those workers in harm’s way.

Many observers, as well as a number of construction industry insiders, are saying that the Scaffold Law must be either revised or rescinded as quickly as possible.

What does the Scaffold Law do? It establishes – some would say unreasonably – absolute liability on builders, owners, and contractors for all construction site injuries linked to gravity, heights, and scaffolding. A plaintiff’s own comparative or partial negligence is irrelevant under the Scaffold Law.

When a New York construction worker falls off a scaffold, it does not matter if that worker was drunk, ignored safety directions, used no safety equipment, or personally failed to assemble the scaffolding properly or failed to lock and secure it.

The Scaffold Law says the builder is liable for all scaffolding-related injuries on a construction site – without exception. New York has the only statute of this kind that remains in effect anywhere.

Illinois abolished the only other remaining scaffold law 22 years ago, and the Bureau of Labor Statistics tells us that construction-related fatalities and injuries dropped rapidly and significantly in that state subsequent to that scaffold law’s abolition.

WHAT IS THE CASE AGAINST THE SCAFFOLD LAW?

Why has a statute created to protect New York construction workers ended up apparently, in effect, putting them in more danger? To begin with, the Scaffold Law offers no inducement for builders to pay for additional safety equipment or training.

Builders and contractors are held accountable for all height-and-gravity-related construction injuries and accidents without regard to what actions they take or what resources they invest to enhance safety at a construction site. Most builders spend little beyond what’s minimally required for safety training or equipment.

Because the Scaffold Law makes New York the single state that holds builders absolutely liable for any height-or-gravity-related construction fatality or injury, New York is out of favor with prospective builders.

If they have better alternatives, they build elsewhere. The number of construction projects and jobs that New York has lost because of the Scaffold Law is incalculable.

Because the statute exposes contractors and builders to so much risk, new construction costs in the state of New York are needlessly and egregiously high. “A typical single-family home in New York costs anywhere from $5,000 to $10,000 more than it would without a wholly one-sided Scaffold Law,” according to U.S. Representative John J. Faso (R-Kinderhook), writing in the New York Post.

WHO PAYS THE COSTS?

All New Yorkers pay for the additional cost to public projects like new schools, firehouses, courts, and police buildings. Because of the Scaffold Law, when the cost of a new public building is estimated, half of the figure may be the liability insurance cost alone.

Every year, New Yorkers pay more than $750 million in additional taxes because of costs imposed by the Scaffold Law, according to data compiled by the Rockefeller Institute of Government.

As construction-related deaths and injuries have increased in the five boroughs over the last several years, the legal fees that many contractors and builders pay under the Scaffold Law are also increasing and adding to construction costs.

Of course, every construction-related accident is unique. Construction workers injured in construction site accidents will need sound, personalized legal advice.

After examining the details of a construction accident and injuries, a skilled personal injury attorney can explain a construction worker’s particular legal rights and options.

Many injured workers are eligible for workers’ compensation benefits in New York, but other injury victims may qualify to file a personal injury lawsuit and seek compensation for medical costs, lost wages, and related damages.

Revising or eliminating the Scaffold Law, according to its critics and the researchers at the Rockefeller Institute of Government, would reduce the burden carried by the state’s taxpayers, attract new investments and builders to the state, and also create scores of new construction jobs while reducing the number of construction-site fatalities and injuries in the five boroughs and across the state.

Writing in the New York Post, Representative Faso insists, “we shouldn’t waste a single dollar on excessive liability costs when that money could be better-used building tunnels, improving bridges and rebuilding roads.”

The congressman is introducing a federal legislative proposal that requires every state’s civil courts to consider comparative negligence – instead of imposing an absolute liability standard on builders and contractors – for all tax-funded public construction projects.

IS THERE A CASE FOR RETAINING THE SCAFFOLD LAW?

Of course, the critics of the Scaffold Law have their own critics, who believe that estimates of the costs associated with the Scaffold Law are exaggerated, particularly by insurance companies.

Scaffold Law supporters, including the Building and Construction Trades Council (BCTC) of Greater New York, would like to see increased scrutiny of insurance companies and full disclosure of their pertinent records before any changes are made to the New York Labor Law.

A construction worker who is injured at a construction site in New York can probably obtain workers’ comp benefits, but every injured construction worker should also consult a New York injury attorney who has experience with construction accident cases. Construction work injuries are often quite severe and sometimes permanently disabling.

Those injuries will require the maximum available amount of compensation, so those cases must be handled by a trustworthy injury attorney with the legal skills and knowledge it takes to prevail on an injury victim’s behalf.

Whether or not the Scaffold Law’s defenders or critics are right or wrong regarding the controversial statute and its impact on the state’s construction industry and economy, construction workers will continue to be at risk in New York, and construction will continue to be a dangerous way to earn a living.

If you are a construction worker and you are injured doing construction in New York, seek medical attention immediately, report the accident to your employer, and speak with an experienced Bronx personal injury attorney about your rights and legal recourse.